(1) Schedule 1,
page 4 (after line 8), at the end of the Schedule, add:

16 Paragraph 10(1)(c) of
Schedule 2

Repeal the paragraph.

[foreign control of television]

(2) Schedule 2,
page 5 (after line 8), after item 1, insert:

1A After section 49

Insert:

49A Prohibition of
contracts or arrangements restricting the program format of
commercial radio broadcasting services

Contracts or arrangements for transfer of
licences

(1) A person must not enter into a contract or arrangement
for the transfer of a commercial radio broadcasting licence to a
person (the transferee ) if:

(a) under the contract or arrangement, the transferee is
subject to any limitation or restriction in relation to the program
format of the commercial radio broadcasting service; or

(b) an effect or likely effect of the contract or arrangement
is that the transferee will be subject to any limitation or
restriction in relation to the program format of the commercial
radio broadcasting service.

(2) Subsection (1) does not apply to a contract or
arrangement of a kind declared by the regulations to be exempt from
subsection (1).

Contracts or arrangements for transfer of
control of licences

(3) A person must not enter into a contract or arrangement
for the transfer of control of a commercial radio broadcasting
licence if:

(a) under the contract or arrangement, the licensee is
subject to any limitation or restriction in relation to the program
format of the commercial radio broadcasting service; or

(b) an effect or likely effect of the contract or arrangement
is that the licensee will be subject to any limitation or
restriction in relation to the program format of the commercial
radio broadcasting service.

(4) For the purposes of subsection (3), a contract or
arrangement is for the transfer of control of a commercial radio
broadcasting licence if, and only if, under the contract or
arrangement, a person who was not in a position to exercise control
of the licence becomes in a position to exercise control of the
licence.

(5) Subsection (3) does not apply to a contract or
arrangement of a kind declared by the regulations to be exempt from
subsection (3).

Other contracts or arrangements

(6) A person must not enter into a contract or arrangement
if:

(a) an effect or likely effect of the contract or arrangement
is that a commercial radio broadcasting licensee will be subject to
any limitation or restriction in relation to the program format of
the commercial radio broadcasting service; and

(b) either:

(i) a purpose of the contract or arrangement is to give a
commercial advantage or benefit to another commercial radio
broadcasting licensee whose licence has the same licence area as
the licence of the first-mentioned licensee; or

(ii) an effect or likely effect of the contract or
arrangement is to give a commercial advantage or benefit to another
commercial radio broadcasting licensee whose licence has the same
licence area as the licence of the first-mentioned
licensee.

(7) Subsection (6) does not apply to a contract or
arrangement if:

(a) the contract or arrangement is covered by
subsection (1) or (3); or

(b) the contract or arrangement is of a kind declared by the
regulations to be exempt from subsection (6); or

(c) the contract or arrangement is exempt from
subsection (6) because of an order under
subsection (8).

(8) The ABA may make a written order that, in the event that
a particular proposed contract or arrangement is entered into, the
contract or arrangement is exempt from subsection (6).

(9) In deciding whether to make an order under
subsection (8), the ABA must have regard to:

(a) such matters (if any) as are specified in the
regulations; and

(b) such other matters as the ABA considers relevant.

Overlapping licence areas

(10) If:

(a) more than 30% of the licence area population of a licence
area is attributable to an overlap area; or

(b) a licence area is entirely within another licence
area;

paragraph (6)(b) applies to the 2
licence areas, but not between those licence areas and other
licence areas, as if the 2 licence areas were one.

Prohibited contract or arrangement is
void

(11) A contract or arrangement entered into in contravention
of subsection (1), (3) or (6) is void.

Civil penalties

(12) If the Federal Court is satisfied that a person has
contravened subsection (1), (3) or (6), the Court may order
the person to pay to the Commonwealth such pecuniary penalty, in
respect of each contravention, as the Court determines to be
appropriate.

(13) In determining the pecuniary penalty, the Court must
have regard to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered as a
result of the contravention; and

(c) the circumstances in which the contravention took place;
and

(d) whether the person has previously been found by the Court
in proceedings under this Act to have engaged in any similar
conduct.

(14) The pecuniary penalty payable under subsection (12)
by a body corporate is not to exceed $275,000 for each
contravention.

(15) The pecuniary penalty payable under subsection (12)
by a person other than a body corporate is not to exceed $55,000
for each contravention.

(16) The ABA may institute a proceeding in the Federal Court
for recovery on behalf of the Commonwealth of a pecuniary penalty
referred to in subsection (12).

(17) A proceeding under subsection (16) may be commenced
within 6 years after the contravention.

[commercial radio program format]

(3) Schedule 2,
item 4, page 6 (after line 17), after the definition of
community service announcement , insert:

constitutional corporation
means a corporation to which paragraph 51(xx) of the Constitution
applies.

Subdivision
BA — Disclosure of
cross-media relationships

61PA Disclosure of
cross-media relationship by commercial television
broadcasting licensee

Scope

(1) This section applies if:

(a) one or more cross-media exemption certificates are
active in relation to a set of media operations; and

(b) a commercial television broadcasting licence is included
in the set; and

(c) the licensee broadcasts matter that is wholly or partly
about:

(i) the business affairs of a commercial radio broadcasting
licensee whose licence is included in the set; or

(ii) the business affairs of the publisher of a newspaper
that is included in the set.

Note: For
business affairs , see section 61PG.

Requirement to disclose

(2) If subparagraph (1)(c)(i) applies, the commercial
television broadcasting licensee must also broadcast a statement
describing (whether in summary form or otherwise) the relationship
between the commercial television broadcasting licensee and the
commercial radio broadcasting licensee. For this purpose, it is
sufficient if the statement is to the effect that there is a
cross-media relationship between the commercial television
broadcasting licensee and the commercial radio broadcasting
licensee.

(3) If subparagraph (1)(c)(ii) applies, the commercial
television broadcasting licensee must also broadcast a statement
describing (whether in summary form or otherwise) the relationship
between the commercial television broadcasting licensee and the
publisher of the newspaper. For this purpose, it is sufficient if
the statement is to the effect that there is a cross-media
relationship between the commercial television broadcasting
licensee and the publisher of the newspaper.

How statement is to be broadcast

(4) A statement under subsection (2) or (3) must be
broadcast in a way that will adequately bring it to the attention
of a reasonable person who may have viewed the broadcast mentioned
in paragraph (1)(c).

(5) The regulations may provide that subsection (4) is
taken to have been complied with if the statement is broadcast in
the manner, and at the time, specified in, or ascertained in
accordance with, the regulations.

Period of grace

(6) Subsections (2) and (3) do not apply during the
14-day period beginning:

(a) if there is only one cross-media exemption
certificate—when the certificate becomes active in relation
to the commercial television broadcasting licence; or

(b) if there are 2 or more cross-media exemption
certificates—at the earliest time when any of those
certificates became active in relation to the commercial television
broadcasting licence.

Note: For
enforcement of this section, see the licence condition set out in
paragraph 7(1)(pa) of Schedule 2.

(1) A commercial radio broadcasting licensee may give the ABA
a written notice making a choice that section 61PD apply to
the licensee with effect from a Sunday specified in the notice.

Note: If a
notice is not given, section 61PC applies to the licensee.

When notice must be given

(2) A notice under subsection (1) must be given at least
5 business days before the Sunday specified in the notice.

Duration of notice

(3) A notice under subsection (1):

(a) comes into force at the beginning of the Sunday specified
in the notice; and

(b) unless sooner revoked, remains in force indefinitely.

Revocation of notice

(4) If a notice under subsection (1) is in force in
relation to a commercial radio broadcasting licensee, the licensee
may, by written notice given to the ABA, revoke the
subsection (1) notice with effect from the end of a Saturday
specified in the revocation notice.

(5) A notice under subsection (4) must be given at least
5 business days before the Saturday specified in the notice.

Notices to be available on the
Internet

(6) If a notice is in force under subsection (1), the
ABA must make a copy of the notice available on the Internet.

Definition

(7) In this section:

business day means a day that
is not a Saturday, a Sunday or a public holiday in the place
concerned.

(a) one or more cross-media exemption certificates are
active in relation to a set of media operations; and

(b) a commercial radio broadcasting licence is included in
the set; and

(c) the licensee broadcasts matter that is wholly or partly
about:

(i) the business affairs of a commercial television
broadcasting licensee whose licence is included in the set; or

(ii) the business affairs of the publisher of a newspaper
that is included in the set; and

(d) a notice under subsection 61PB(1) is not in force in
relation to the commercial radio broadcasting licensee.

Note: For
business affairs , see section 61PG.

Requirement to disclose

(2) If subparagraph (1)(c)(i) applies, the commercial
radio broadcasting licensee must also broadcast a statement
describing (whether in summary form or otherwise) the relationship
between the commercial radio broadcasting licensee and the
commercial television broadcasting licensee. For this purpose, it
is sufficient if the statement is to the effect that there is a
cross-media relationship between the commercial radio
broadcasting licensee and the commercial television broadcasting
licensee.

(3) If subparagraph (1)(c)(ii) applies, the commercial
radio broadcasting licensee must also broadcast a statement
describing (whether in summary form or otherwise) the relationship
between the commercial radio broadcasting licensee and the
publisher of the newspaper. For this purpose, it is sufficient if
the statement is to the effect that there is a cross-media
relationship between the commercial radio broadcasting licensee and
the publisher of the newspaper.

How statement is to be broadcast

(4) A statement under subsection (2) or (3) must be
broadcast in a way that will adequately bring it to the attention
of a reasonable person who may have listened to the broadcast
mentioned in paragraph (1)(c).

(5) The regulations may provide that subsection (4) is
taken to have been complied with if the statement is broadcast in
the manner, and at the time, specified in, or ascertained in
accordance with, the regulations.

Period of grace

(6) Subsections (2) and (3) do not apply during the
14-day period beginning:

(a) if there is only one cross-media exemption
certificate—when the certificate becomes active in relation
to the commercial radio broadcasting licence; or

(b) if there are 2 or more cross-media exemption
certificates—at the earliest time when any of those
certificates became active in relation to the commercial radio
broadcasting licence.

Note: For
enforcement of this section, see the licence condition set out in
paragraph 8(1)(ia) of Schedule 2.

(a) one or more cross-media exemption certificates are
active in relation to a set of media operations; and

(b) a commercial radio broadcasting licence is included in
the set; and

(c) a notice under subsection 61PB(1) is in force in relation
to the commercial radio broadcasting licensee.

Requirement to disclose cross-media
relationship

(2) If a commercial television broadcasting licence is
included in the set, the commercial radio broadcasting licensee
must regularly broadcast a statement describing (whether in summary
form or otherwise) the relationship between the commercial radio
broadcasting licensee and the commercial television broadcasting
licensee. For this purpose, it is sufficient if the statement is to
the effect that there is a cross-media relationship between
the commercial radio broadcasting licensee and the commercial
television broadcasting licensee.

(3) If a newspaper is included in the set, the commercial
radio broadcasting licensee must regularly broadcast a statement
describing (whether in summary form or otherwise) the relationship
between the commercial radio broadcasting licensee and the
publisher of the newspaper. For this purpose, it is sufficient if
the statement is to the effect that there is a cross-media
relationship between the commercial radio broadcasting licensee and
the publisher of the newspaper.

How statement is to be broadcast

(4) Statements under subsection (2) or (3) are to be
broadcast in a way, and with a frequency, that is reasonably likely
to ensure that the audience of the commercial radio broadcasting
service during prime-time hours is aware that:

(a) in the case of statements under
subsection (2)—there is a relationship between the
commercial radio broadcasting licensee and the commercial
television broadcasting licensee; or

(b) in the case of statements under
subsection (3)—there is a relationship between the
commercial radio broadcasting licensee and the publisher of the
newspaper.

(5) A commercial radio broadcasting licensee is taken to have
complied with subsection (4) if:

(a) the statement is broadcast at least once each day during
prime-time hours; and

(b) the statement is broadcast in a way that will adequately
bring it to the attention of a reasonable person who may have
listened to the broadcast of the statement.

(6) The regulations may provide that a commercial radio
broadcasting licensee is taken to have complied with
subsection (4) if the statement is broadcast in the manner,
and at the times, ascertained in accordance with the
regulations.

Period of grace

(7) Subsections (2) and (3) do not apply during the
14-day period beginning:

(a) if there is only one cross-media exemption
certificate—when the certificate becomes active in relation
to the commercial radio broadcasting licence; or

(b) if there are 2 or more cross-media exemption
certificates—at the earliest time when any of those
certificates became active in relation to the commercial radio
broadcasting licence.

Note: For
enforcement of this section, see the licence condition set out in
paragraph 8(1)(ia) of Schedule 2.

61PE Disclosure of
cross-media relationship by publisher of newspaper

Scope

(1) This section applies if:

(a) one or more cross-media exemption certificates are
active in relation to a set of media operations; and

(b) a newspaper is included in the set; and

(c) the newspaper is published by a constitutional
corporation; and

(d) material published in a particular edition of the
newspaper is wholly or partly about:

(i) the business affairs of a commercial television
broadcasting licensee whose licence is included in the set; or

(ii) the business affairs of a commercial radio broadcasting
licensee whose licence is included in the set.

Note: For
business affairs , see section 61PG.

Requirement to disclose

(2) If subparagraph (1)(d)(i) applies, the publisher of
the newspaper must cause to be published in the same edition of the
newspaper a statement describing (whether in summary form or
otherwise) the relationship between the publisher and the
commercial television broadcasting licensee. For this purpose, it
is sufficient if the statement is to the effect that there is a
cross-media relationship between the publisher and the
commercial television broadcasting licensee.

(3) If subparagraph (1)(d)(ii) applies, the publisher of
the newspaper must cause to be published in the same edition of the
newspaper a statement describing (whether in summary form or
otherwise) the relationship between the publisher and the
commercial radio broadcasting licensee. For this purpose, it is
sufficient if the statement is to the effect that there is a
cross-media relationship between the publisher and the
commercial radio broadcasting licensee.

How statement is to be published

(4) A statement under subsection (2) or (3) must be
published in a way that will adequately bring it to the attention
of a reasonable person who may have read the material mentioned in
paragraph (1)(d).

(5) The regulations may provide that subsection (4) is
taken to have been complied with if the statement is published in
the manner specified in, or ascertained in accordance with, the
regulations.

Period of grace

(6) Subsections (2) and (3) do not apply during the
14-day period beginning:

(a) if there is only one cross-media exemption
certificate—when the certificate becomes active in relation
to the newspaper; or

(b) if there are 2 or more cross-media exemption
certificates—at the earliest time when any of those
certificates became active in relation to the newspaper.

Offence

(7) A person is guilty of an offence if:

(a) the person is subject to a requirement under this
section; and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty for a contravention of this
subsection: 2,000 penalty units.

61PF
Exception—political communication

Sections 61PA, 61PC, 61PD and 61PE do not apply to the extent
(if any) that they would infringe any constitutional doctrine of
implied freedom of political communication.

61PG Matter or material
about the business affairs of a broadcasting licensee or newspaper
publisher

Matter or material about business
affairs—what is included and excluded

(1) A reference in this Subdivision to
matter or material that is wholly
or partly about the business affairs of a commercial
television broadcasting licensee, a commercial radio broadcasting
licensee or a newspaper publisher:

(a) includes a reference to matter or material, where, having
regard to:

(i) the nature of the matter or material; and

(ii) the way in which the matter or material is
presented;

it would be reasonable to conclude that the object, or one of the
objects, of the broadcast of the matter or the publication of the
material, as the case may be, was to:

(iii) promote; or

(iv) otherwise influence members of the public, or of a
section of the public, to view, to listen to, or to read;

matter broadcast, or to be broadcast, by the licensee, or material
published, or to be published, in the newspaper, as the case may
be; and

(b) does not include a reference to:

(i) a journalistic acknowledgment of a program or article as
being the source of particular information; or

(ii) advertising matter or advertising material, where a
reasonable person would be able to distinguish the advertising
matter or advertising material from other matter or material;
or

(iii) a comment in a live broadcast, where the comment could
not reasonably have been anticipated; or

(iv) a program guide (see subsection (2)); or

(v) exempt matter or exempt material (see
subsection (4)).

Program guide

(2) For the purposes of this section, a program
guide is matter or material that consists of no more
than:

(a) a schedule of:

(i) the television programs provided by 2 or more television
broadcasting services; or

(ii) the radio programs provided by 2 or more radio
broadcasting services; or

(b) a combination of:

(i) a schedule covered by paragraph (a); and

(ii) items of factual information, and/or items of comment,
about some or all of the programs in the schedule, where each item
is brief;

where the matter or material does not single
out one of those services for special promotion.

(3) For the purposes of subsection (2):

(a) a television broadcasting service is:

(i) a commercial broadcasting service that provides
television programs; or

(ii) a national broadcasting service that provides television
programs; and

(b) a radio broadcasting service is:

(i) a commercial broadcasting service that provides radio
programs; or

(ii) a national broadcasting service that provides radio
programs.

Exempt matter or exempt material

(4) The Minister may, by writing, determine that:

(a) matter included in a specified class of matter is
exempt matter for the purposes of this section;
and

(b) material included in a specified class of material is
exempt material for the purposes of this section.

(5) A determination under subsection (4) has effect
accordingly.

(6) A determination under subsection (4) is a
disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .

Advertising matter

(7) This section does not, by implication, affect the meaning
of the expression advertising when used in any other
provision of this Act.

[cross-media rules]

(7) Schedule 2,
page 23 (after line 26), after item 8, insert:

8A Section 204 (after table item
relating to subsection 43(1))

Insert:

Refusal to make an order in relation to a
proposed contract or arrangement